1. BHAJANDAS TEJWANI, J.--The bail plea is being pressed on the ground that there is delay of five months in lodging of the F.I.R. which has not been. properly explained and there is no medical evidence available on the record. The applicant is in jail since three years and the trial has not concluded and that including the complainant five prosecution witnesses have been examined from whom only the complainant Dolal has supported the case to the extent of hearsay evidence from the victim, while other prosecution witnesses have not-supported the case of the prosecution.
2. ' Learned A.P.-G. for the. State concedes to the above factual position but opposes for the grant of bail on the ground that.the applicant is charged with heinous offence.
3. Admittedly there is delay of five months in lodging of the F.I.R. and opinion of Medical Officer is in negative. The applicant is in jail since about three years and trial has not been concluded. The expeditious trial of the case is a right of accused and in case such right is denied the accused will be entitled to be considered for concession of bail.
4. ' Accordingly, this bail plea is accepted. The applicant shall be released subject to his furnishing surety in the sum of Rs, 200,000 (Rupees Two Hundred Thousand) and P.R. Bond in, the like amount to the satisfaction of the trial. Court.
5. ' The bail application is disposed of accordingly.